Whipple v. Stevens
Superior Court of New Hampshire
Assumpsit. This action was brought for the recovery of a promissory note, made by John Stevens and Horace Ames to the plaintiff, as administrator of the estate of Jonathan Ames, for one hundred dollars, dated October 23,1840, and payable on demand with interest. With the general issue, the defendant filed a brief statement, that the cause of action did not accrue within six years next before the action was brought.
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Assumpsit. This action was brought for the recovery of a promissory note, made by John Stevens and Horace Ames to the plaintiff, as administrator of the estate of Jonathan Ames, for one hundred dollars, dated October 23,1840, and payable on demand with interest. With the general issue, the defendant filed a brief statement, that the cause of action did not accrue within six years next before the action was brought. To prove a new promise, the plaintiff introduced the deposition of D. H. Dustin. To the first question proposed by the plaintiff, the defendant objected at the trial, on the ground…
1Opinion of the CourtWoods, J.
The defendant was not in fact present at the caption of the deposition of Dustin. But the certificate of the ma*224gistrate shows that, although Stevens was not present, yet he was duly notified, and caused the deponent to be cross-examined, and an exception to be made and certified, touching the caption. The defendant availed himself of all the rights, and advantages usually enjoyed or exercised, in virtue of a notice, or by reason of being personally present. Questions were propounded to the witness, by the commissioner, and the answers of the witness thereto were taken; and that, too, by the…
2Cases cited7 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Lessee of Bonnet v. DevebaughSupreme Court of Pennsylvania · 1810
- State v. RoswellSupreme Court of Connecticut · 1827
- Hamblett v. HamblettSuperior Court of New Hampshire · 1833
- Exeter Bank v. SullivanSuperior Court of New Hampshire · 1833
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Canyon Loan Co. v. GambleCourt of Appeals of Texas · 1937